Latest news with #SCA
The Citizen
15 hours ago
- The Citizen
Joshlin Smith case: NPA ready to fight appeals in SCA if necessary after latest verdict
The judge also granted key witness Laurentia Lombaard indemnity from prosecution. The National Prosecuting Authority (NPA) said it will oppose any further appeals by the three convicted people in the Joshlin Smith case should they take their case to the Supreme Court of Appeal (SCA). On Wednesday afternoon, the Western Cape High Court in Cape Town delivered its judgment on the leave to appeal applications after hearing submissions from both the state and the defence. Joshlin's mother, Racquel 'Kelly' Smith, together with Jacquen 'Boeta' Appollis and Van Rhyn, had sought to appeal their convictions and sentences. The trio had been sentenced to life imprisonment for human trafficking, along with an additional 10 years for kidnapping, in connection with Joshlin's disappearance. The young girl went missing from her family's home in Saldanha Bay on 19 February 2024. It is alleged that the child was sold for R20 000. Appeal judgment in Joshlin Smith case Judge Nathan Erasmus dismissed the appeal, finding no reasonable prospect of success. 'There is no compelling reason why the appeal should be granted. 'It is rather pegged on whether there is a reasonable prospect of success,' the judge said. He explained that the court had made factual findings, drawn inferences from circumstantial evidence, and had the advantage of observing witnesses directly, which informed credibility assessments. 'It is clear that it can never be said that a sentence of life imprisonment, in particular on count one, on the human trafficking of a child, where life imprisonment is imposed, where persons have shown no remorse, would be shockingly inappropriate. 'We for that reason leave on the sentence should be refused,' Erasmus remarked. ALSO READ: 'Don't twist facts' – Tense proceedings as Joshlin Smith case judge accused of threats, collusion In addition, the judge granted key witness Laurentia Lombaard indemnity from prosecution. Lombaard, initially an accused in the case, later became a Section 204 witness, providing crucial testimony that helped secure the convictions against Smith, Appollis and Van Rhyn. Erasmus emphasised that he could not ignore the witness's personal circumstances such as her drug addiction, as well as the fact that she had no previous convictions. Therefore, her reluctance to be truthful from the outset should not, the judge said, 'carry that much weight'. He further stated that although Lombaard was aware arrangements had been made to sell Joshlin and she remained silent, this was not an offence. 'Over and above that, you played no active role in either the trafficking and kidnapping of Joshlin Smith.' NPA reacts Speaking to the media outside the court, Western Cape NPA spokesperson Eric Ntabazalila said the state was satisfied with the outcome of the proceedings. Ntabazalila indicated that the state had not yet been told whether the defence intended to appeal the latest judgment. 'We will go to the SCA and still oppose their decision to appeal. We believe there is no other court that can come to a different conclusion than what this court has taken. 'So even if they go to the SCA, we will go there and argue the same,' he said on Wednesday. He also confirmed that key witness Laurentia Lombaard remained under witness protection. 'We cannot talk about that programme, but there will be a process which will unfold. 'In this case, she is not going to be prosecuted; she is indemnified. She has got immunity from prosecution, so she's free.' NOW READ: 'Where's Joshlin and what really happened to her?'
IOL News
2 days ago
- IOL News
High Court rules against NPA's extradition request for Richard Payne
Some of the accused in the matter. From left: Obakeng Stephen Mookeletsi, Sybil Ngcobo, Valdis Ntsieni Ramaano, Brian Hlongwa, and Reatile Kingdom Lolwane. Image: Baldwin Ndaba / Independent Newspapers The National Prosecuting Authority's (NPA's) bid to extradite fugitive businessman Richard Payne from the UK to face charges in the R1.2 billion graft case involving former Gauteng Health MEC Brian Hlongwa has hit a brick wall. Suspended director of public prosecutions, Gauteng local division Andrew Chauke, submitted an extradition request to the UK government in September 2022 to get Payne to return to South Africa to face 258 counts of contravention of the Prevention of Organised Crime Act, racketeering, fraud, corruption and money laundering in the long-running R1.2bn irregular tender case between 2006 and 2010. Payne is wanted in the country in relation to the matter involving one of his companies, 3P Consulting, and various others, including Ukwakha Design, Midnight Masquerade Properties 72, and Golden Pond Trading 363. His other co-accused, besides Hlongwa, who also served as ANC chief whip in the Gauteng provincial legislature, are former Gauteng Health Department employees, directors of companies, and their business partners – Obakeng Stephen Mookeletsi, Sybil Nomhle Ngcobo, Valdis Ntsieni Ramaano, Abul Kalam Mohammed Mahmudur Rahman, and Reatile Kingdom Lolwane, according to the NPA. In a judgment handed down on August 2, Gauteng High Court, Pretoria, Acting Judge Lindsey Kilmartin reviewed and set aside Chauke's extradition request dated September 26, 2022, to the UK government. Acting Judge Kilmartin declared the extradition request inconsistent with the Constitution and invalid. She also declared that Chauke and National Director of Public Prosecutions Shamila Batohi have no authority to submit an extradition request on behalf of South Africa to the UK. According to Acting Judge Kilmartin, the Supreme Court of Appeal (SCA) in May last year ruled that only the Minister of Justice in his/her capacity as a member of the national executive of South Africa has the power to make an extradition request. The SCA decision was made in South African citizen Johnathan Richard Schultz's attempt to thwart the NPA's extradition request to face charges of theft and sale of unwrought precious metals dating back to 2019. In the Schultz matter, the NPA filed its application for leave to appeal at the Constitutional Court three-and-a-half months late, and Acting Judge Kilmartin stated that this means the SCA judgment stands and is the law which must be applied. Additionally, the SCA found that international law makes it clear that the executive arm of the government is empowered to engage with foreign states in the international law community and the Minister of Justice is the functionary who signs extradition treaties on behalf of South Africa and s/he is the functionary responsible for performing all acts necessary to give effect to the treaty. The NPA was unsuccessful in its application to stay Payne's review application pending the outcome of its Schultz application for leave to appeal at the apex court. 'This is not a case where duplication of judicial resources is taking place and the stay requested by the NPA respondents (Chauke and Batohi) cannot be granted merely on the basis that the Constitutional Court 'may yet establish a new test or understanding of the relevant facts and law'," the acting judge stated. In April, the UK's King's Bench Division allowed Payne's appeal of an earlier March 2024 order sending his case to the Secretary of State for the Home Department, who made an extradition order in May last year, and found that the extradition proceedings against him were an abuse of process but there was no basis to show that the government of South Africa, as prosecutor, had manipulated the court process. Prosecutors accuse the group of committing a range of irregularities, including awarding of tenders, irregular payments, and fraudulent financial mismanagement, with 3P Consulting and its associated companies securing lucrative state contracts by exploiting personal relationships and illegal dealings within the department. Earlier this year, the NPA said the accused allegedly facilitated corruption through inflated contracts, unauthorised payments, and diversion of funds intended for public services. The alleged offences led to the department misusing its budget, with over R347 million in irregular payments, which include false claims for project management services and extra charges that were not part of the contracts.
Hindustan Times
2 days ago
- Politics
- Hindustan Times
Continuing criminal case against kin of estranged couple after divorce has no purpose: SC
New Delhi, The Supreme Court on Tuesday said continuation of criminal proceedings against family members after divorce between the couple served no legitimate purpose. Continuing criminal case against kin of estranged couple after divorce has no purpose: SC A bench of Justices B V Nagarathna and K V Viswanathan passed the direction while quashing an FIR against a father-in-law booked under provisions of Dowry Act and IPC provisions, including Sections 498A . The top court said the power under Article 142 must be invoked to advance the cause of complete justice in matters of such nature. "Once the marital relationship has ended in divorce and the parties have moved on with their lives, the continuation of criminal proceedings against family members, especially in the absence of specific and proximate allegations, serves no legitimate purpose," the bench said. The order continued, "It only prolongs bitterness and burdens the criminal justice system with disputes that are no longer live. The law must be applied in a manner that balances the need to address genuine grievances with the equally important duty to prevent its misuse." The apex court said the power to quash such proceedings was essential to uphold fairness and bring about a "quietus to personal disputes that have run their course". Referring to its judgements, the bench said the family members of the husband ought not to be unnecessarily roped into criminal proceedings stemming from matrimonial discord. "The court observed that it has become a recurring tendency to implicate every member of the husband's family, irrespective of their role or actual involvement, merely because a dispute has arisen between the spouses," it said. The bench observed the verdicts further held it to be abuse of law if the complaint was bereft of specific particulars, especially where the relatives sought to be prosecuted resided separately or had no connection with the matrimonial home. The order came on an appeal filed by man challenging an order of Madhya Pradesh High Court which refused to quash the FIR lodged by the man's daughter-in-law. The top court said the estranged couple was separated by a decree of divorce in 2021, which attained finality and not challenged by either side. Both parties were stated to be leading independent lives. This article was generated from an automated news agency feed without modifications to text.
News18
2 days ago
- General
- News18
TN TET 2025 Registration Begins At trb.tn.gov.in, Check Full Schedule
TN TET 2025: Candidates wishing to apply for this examination can submit their applications online through the website at by September 8 up till 5 PM. The Tamil Nadu Teacher Selection Board has begun the registration process for the Tamil Nadu Teacher Eligibility Test (Paper-I and Paper-II) 2025. Candidates wishing to apply for this examination can submit their applications online through the website at by September 8 up till 5 PM. The Teacher Eligibility Test was established nationwide based on the Right to Education Act from the Government of India. It serves as an eligibility test for students who have completed their teaching studies and are looking to enter the teaching profession. Eligibility Criteria Educational Qualification: To apply for the Paper-II qualifying examination, candidates must have a Bachelor's degree and a relevant Bachelor's degree in education (Graduation and passed or appearing in the final year of a two-year Diploma in Elementary Education). For the Paper-I qualifying examination, candidates should have passed 12th standard and hold a diploma in elementary education. Age Limit: The candidates must be minimum of 18 years old as on 01.07.2025. There is no upper age limit. The Examination fee is Rs 600 for each application for all the candidates except SC, SCA, ST and Differently Abled Persons. For SC, SCA, ST and Differently Abled Persons the examination fee for each application is Rs 300. Online payment to be made only through Payment Gateway. (Net banking / Credit Card / Debit Card). In Tamil Nadu, the previous notification was issued in March 2022, with the test conducted in October of that year. Subsequently, a notification was released in December 2023, and the test was scheduled for March 2024, but it was not held. Another notification followed in April last year, announcing the test for July, which also did not take place. Candidates anticipated the qualifying tests to be announced in 2025, and the notification has now been published. view comments First Published: August 12, 2025, 13:18 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hindustan Times
2 days ago
- General
- Hindustan Times
TNTET 2025: TRB TN begins registration process at trb.tn.gov.in, direct link to apply here
Teachers Recruitment Board, Tamil Nadu has started the registration process for TNTET 2025 on August 11, 2025. Candidates who want to apply for TamilNadu Teacher Eligibility Test can find the direct link through the official website of TRB TN at TNTET 2025: TRB TN begins registration process at direct link to apply here The last date to apply for the examination is September 8, 2025. The edit option will open on September 9 and will close on September 11, 2025. The Paper I exam will be held on November 1 and Paper II will be held on November 2, 2025. Read below for eligibility, selection process and other details. Eligibility Criteria Candidates who want to apply for the examination can check the educational qualification through the Detailed Notification here. The candidates must be minimum of 18 years old as on 01.07.2025. There is no upper age limit. Selection Process The selection process will comprise of written exam. The written exam will comprise of 150 multiple choice questions. The exam duration is for 3 hours. The date, time and centre for the Written Examination will be indicated in the Hall Ticket. The Hall Tickets for the eligible candidates will be uploaded by the TRB in its official website. How to Apply 1. Visit the official website of TRB TN at 2. Click on apply online link available on the home page. 3. A new page will open where candidates will have enter the registration details. 4. Once registration is done, login to the page. 5. Fill the application form and make the payment of application fee. 6. Click on submit and download the page. 7. Keep a hard copy of the same for further need. Examination Fee The Examination fee is Rs.600/- for each application for all the candidates except SC, SCA, ST and Differently Abled Persons. For SC, SCA, ST and Differently Abled Persons the examination fee for each application is Rs. 300/-. Online payment to be made only through Payment Gateway. (Net banking / Credit Card / Debit Card). For more related details candidates can check the official website of TRB TN.
